The daily herald. [volume] (Honolulu, Hawaiian Islands) 1886-1887, 1887-04-22
THE MADRAS MIDDLE.
The Government as a Defendant


Inc O1t-tlme mentioned case Oh the
steamship Madras against the Hawaiian
Government, in which the owners Of
the vessel lay claim to the sum Of
$3s,Iso SO for trespass, has at last as
sumed definite shape, and is now on
trial in the Supreme Court, before Jus
tice McCully The owners Of the
vessel are represented by Messrs. Dole
and Thurston, the Hawaiian Govern
ment by Deputy Attorney-General
Peterson and Mr.. w. A. Whiting The
case was called about 1890 a. m. yes
terday morning, and the following jury
was empanelled: w w. Hall, Max
Green, H. J. Agnew, L. Marshall, c.
"A. Brown, NJ. McInerny, Major Hills,
II. A. Parmalee, H. Cathcart, J. EN-
meluth, II. Lewis, and Mr.. Marshall.
After the impanelling Of the jury
recess was had until o'clock p. m.
and then, upon the Court resuming,
Mr. Dole, for the plaintiff, presented
the following:
DECLARATION. YIl
Supreme Court of the Hawaiian
Islands, April term, 1886. Trespass
John Chapman, Mountjoy Pearse, Jos.
Morgan, Henry Cotto, George Y. Blair,
Theodore c. Taylor and Herbert A..
Harris VS.. the Hawaiian Government.
To the Honorable A. Francis Judd,
Chief Justice Of the Supreme Court !.
John Chapman, Of London, Eng
land, owner Of thirty-eight shares in the
British steamship Madras herein men
toned Mountjoy Pearse, Of Stockton
on-Tees, England, owner Of nine shares
in the said Madras Joseph w. Morgan,
owner Of eight shares in the said
Madras; Henry Gotto, Of said London,
owner Of three shares in said Madras
George Y Blair, Of said Stockton,
owner Of two shares in said Madras
Theodore c. Taylor, Of York, England
owner Of two shares in the said Madras
the said plaintiffs claim of the Hawaiian
Government, the said defendant
$s5,I5o. 80 cents with interest from the
second day Of March, 1886, for dam
ages resulting to them for injury don't
to their property by the defendant, fo
that
On or about the roth Of March
1889, the said British steamship Ma
dras Of the gross burthen OF 1851 "a
100, the property OF the plaintiffs il
proportion as aforesaid, in charge an,
under command of w. II. Bradley a
MASTER arrived at the port Of Hone
lulu, Of the Island Of Oahu, one Of tn
said Hawaiian Islands, from Hong
kong, China, bound for said Hone
lulu with about six hundred passenger
for said Honolulu and about one hun
dred and thirty-nine Chinese passer
gers en- route for Victoria in Britis'
Columbia, and with the contagiou
disease OF smallpox prevailing amonl
| the said passengers, of which diseas
the Board OF Health of the said Hs
waiian Government was duly informel
by the said master, and due applies
ton was thereupon made on behal
Of the said Madras that she might b
entered at the Custom House of tn
said Hawaiian Government at the sal
port of Honolulu, and that the sal
passengers for Honolulu might b
landed in quarantine.
| But, the defendant with force an
arms for a period Of about ffty-thre
days from the said 10th Of April, A
ID. 1883, or whereabouts, to the 4th da
Of June, A. ID. 1883, or thereaboutl
prevented and detained the said Nj;
dras from coming into the port {
Honolulu, from entering at the CustoI
House, from landing any Of the pa
sengers in quarantine or otherwise, an
during this period of time neglecte
and refused to establish any quarantir
to be performed by the said Madr;
though requested to do so by the r
representatives. OF the plaintiff, but II
defendant compelled the said MadrI
to remain and detained her in the opt
roadstead of the said port during Il
said period to the damage of the plai
tifls as aforesaid according to the b
!. of particulars hereto annexed and mat
!. a part Of this complaint, which h
!. plaintiffs allege was done in contrave
f ton of their private rights under Il
laws.
Wherefore the plaintiffs ask that Il
!. defendant be cited to appear al
= answer the complaint before jury
the country at the next term OF Il
y Court unless otherwise sooner dispos
of by judicial authority
!. The above document is signed
= the parties named; by John Chapmi
a managing owner of the steamship M
!. dras; by his attorney in fact, Theo.
3 Davies, and was subscribed and swc
,r to on the 18th day of March, I8I
r before Henry Smith, Deputy Clerk
the Supreme Court.
II The Bill of Particulars mentioned